Terms and Conditions
1. Acceptance of terms
By accessing the AAA Consortium (Pty) Ltd (Registration Number: 2022/655398/07) website and utilizing our online application portals, you agree to be bound by these Terms and Conditions. If you do not agree with any provision contained herein, you must immediately cease using the website.
2. Commercial business model and regulatory exemptions
AAA Consortium (Pty) Ltd is a specialized financial partner providing working capital strictly to South African SMMEs in the public and private procurement markets.
- B2B Commercial Disclaimer (NCA Exemption): AAA Consortium strictly provides commercial funding to juristic entities (e.g., Pty Ltd, CC) for amounts exceeding R250 000. This website does not constitute an offer for consumer credit or personal loans, and our operations fall outside the retail constraints of the National Credit Act (NCA).
- Investor Disclaimer (Companies Act Exemption): AAA Consortium does not solicit funds or deposits from the general public. All capital raising is restricted to sophisticated investment partners utilizing special accounts and deal-specific Requests for Funding to ensure strict compliance and avoid triggers under the Companies Act regarding “Public Offers” or illegal deposit-taking.
3. Website services and application process
AAA Consortium operates this website to provide information about our core financial products, including Purchase Order (PO) Funding, Invoice Discounting, and Specialized Funding (such as import financing and event support).
- No Application Fees: The online application process is entirely free of charge. We do not process payments, request credit card details, or facilitate financial transactions directly through this website.
- No Guarantee of Funding: The submission of an online application, FICA documents, and deal documentation does not constitute a binding funding agreement.
- Operational Control Requirements: All approved funding is strictly subject to AAA Consortium securing the investment and doing due diligence.
4. User obligations and declarations
When you use our online portals (hosted via platforms such as Monday.com) to upload applications and compliance documents, you are solely responsible for the accuracy and legality of the content provided. By submitting an application, you make the following irrevocable warranties:
- Accuracy of Information: You warrant that all FICA documents, identity records, beneficial ownership declarations, and transaction records uploaded are true, accurate, current, and complete.
- Authority: You warrant that you are duly authorized to submit the application and grant consent for the processing of data on behalf of the applying entity (the Client).
- Purchase Order Funding Warranties: You warrant that all submitted RFQs, supplier quotes, and project correspondence are legitimate and have not been altered.
- Invoice Discounting Warranties: You warrant that the invoices uploaded represent goods completely delivered or services fully rendered to the debtor. You further warrant that there are no ongoing disputes regarding the invoice, and you authorize AAA Consortium to contact the debtor directly to verify the validity, amount, and due date of the invoice prior to funding.
- Indemnity: You hereby indemnify and hold AAA Consortium (Pty) Ltd harmless against any losses, damages, or penalties incurred as a direct or indirect result of uploading inaccurate, incomplete, fraudulent, or misleading information.
5. Intellectual property rights
All content on this website, including text, graphics, logos, branding, marketing content, bespoke HTML code, digital application forms, software, our hybrid operational models, and underlying conceptual ideas, is the exclusive intellectual property of AAA Consortium (Pty) Ltd. You may not copy, scrape, modify, reproduce, distribute, or reverse-engineer any part of this website for personal or commercial purposes without our prior written consent.
6. Third-party links, APIs, and limitation of liability
Our website and application process utilize third-party platforms and integrations (such as Monday.com) via webhooks and APIs for data collection and operational efficiency.
- AAA Consortium provides this website and the online application facility on an “as is” basis.
- We make no warranties regarding the continuous availability or error-free operation of the website.
- AAA Consortium, its directors, employees, and affiliates shall not be liable for any direct, indirect, incidental, or consequential damages (including loss of business or data) arising from your use of this website, website downtime, third-party API or webhook failures, or if a user downloads malicious software from a third-party link.
7. Amendments and severability
AAA Consortium reserves the right to amend these Terms and Conditions at any time. Continued use of the website constitutes acceptance of the amended terms. If any provision of these Terms is found to be unlawful or unenforceable by a competent court, that provision shall be severable and shall not affect the validity of the remaining provisions.
8. Governing law
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of South Africa. Any disputes arising from the use of this website shall be subject to the exclusive jurisdiction of the South African courts.